Suppose you’re an older couple planning on the peaceful retirement life in a maintenance-free neighborhood. You take your entire nest egg and pay off the mortgage. Your new townhome, condo or single family residence is now yours….forever.
Oopsie! You learn that a developer wants to tear the whole thing down and build something new. You don’t want to move from your retirement home, but the developer gets a ‘majority’ of the residents to take his low ball offer to clear out. Not you. You want him to pay you fair market value. But because a ‘majority’ of your neighbors have moved out, what’s your fair market value now? It’s a heck-of-a-low lower than the others were paid. In fact, your quarter million dollar retirement home is worth ten cents on the dollar. Now the developer can get you tossed out by the courts and pay you nothing.
With your permission, I’d like to take you on a video tour of what has to be the most gorgeous Homeowners Association in the world. The views are spectacular, tourists come from around the world to see it. The people get along with each other, no arguments, no liens, no lawsuits, no angry homeowners carrying guns into board meetings and mowing down board members. No lawyers, it’s Heaven on Earth.
Oh, a few things I should mention: the air and water are pretty polluted, in fact, one of the most polluted on Earth. The people are dirt poor, medical care is almost non-existent, but there’s virtually no auto traffic. Ah, and I should mention that the government is Communist China. Communism, where the whole American HOA movement is heading. Communism puts the commune in community. Still, enjoy the video.
If you’ve followed this blog for any length of time you know that I despise political correctness. The PC movement is very similar to a viral infection. It has no predictable course, it can break out anywhere and cause untold damage to society and it can totally undermine the rule of law.
Obviously some kinds of speech and some words are offensive. But choosing not to use such language is a matter of class, decency and education. Declaring a word du jour as an illegal word is dangerous. As Saul Alinsky said, “Whoever controls the verbiage controls the debate.” And that can put power into the hands of some very bad people. Adolph Hitler controlled the verbiage. We all know how that one turned out. Fifty million people dead. Stalin controlled the verbiage. Twenty million more dead.
The First Amendment to the U.S. Constitution is currently under the kinds of attacks that nobody could have ever envisioned. It’s the amendment that makes us all uniquely American. And it’s being disassembled block by block just like a pile of Lincoln Logs.
The Washington Post editorial linked below is an important one to study. Who would have ever predicted that use of the word, “American” could be considered offensive and outlawed from the lawbooks?
A huge jury verdict in Nevada was just awarded to a homeowner against two HOA collection companies. Across the country many HOA boards assess minor fines and liens against homeowners and then turn the accounts over to their law firms for collection. It’s so tempting for an ambulance-chasing law firm to turn to the easy profits of debt collecting. It’s not unheard of for minor fines to turn into huge foreclosures. Law firms add so-called ‘collection costs’, legal fees, interest and other such nonsense onto nickel-and-dime fines. It’s enormously profitable for such lawyers to have a buddy down at the county offices when the properties are auctioned off for pennies on the dollar. A whole roomful of Las Vegas lawyers are in jail right now for similar racketeering convictions.
The law firm hired by the Arrowcreek Homeowners Association in Washoe County, Nevada was accused of violating federal and state regulations against racketeering and violations of the Fair Debt Collections Act. The jury agreed and awarded the homeowner more than $600 thousand.
The link below is to a press release by the homeowners legal team. Obviously, the press release is to attract business. But since this law firm has affiliates in many other states it could possibly strike some fear in the hearts of the HOA Lawn Nazis!
Yep, that’s the quotable quote emerging from an HOA scandal in Anne Arundel County, Maryland.
Residents of the Russett Community Association voted to throw out the top two board members who homeowners claimed were misusing HOA funds. True to form, the two board members voted that the recall elections weren’t valid because they weren’t approved by the board. Then they fought the recall election in court, and of course they spent neighborhood dues money to pay for their own defense. It happens in thousands of HOAs across the country!
In this case, though, a judge ordered that the two board bullies step down from their positions. They’re not going easily, though. They’ve squandered anywhere from 80 to 100,000 bucks and more in dues money to fight the homeowners in court.
Those of us ‘in the know’ just shake our heads in wonder.
